Regular bail sought by accused charged under Section 377 IPC and Sections 4 and 6 of POCSO Act for sexual assault on a six-year-old boy. Court found consistent statements of the victim before police and Magistrate plus medical and FSL reports, and declined bail until those witnesses are examined.
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NC: 2024:KHC-D:8924 CRL.P No. 100503 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 100503 OF 2024 (439-)
BETWEEN:
MR. ABDUS SAMAD ZIYAI S/O. NOOR MOHAMMED, AGE: 25 YEARS, OCC: PRIEST, R/O: SHIRIPUR, JHADBADI, GOALPOKHAR, UTTARDINJAPUR, WEST BENGAL, NOW RESIDING AT MADEENA MASZID, MUSLIM GALLI, TQ: KUMTA, DIST: KARWAR-581343
…PETITIONER
(BY SRI. VENKATESH M KHARVI, ADVOCATE)
AND:
CHANDRASHEKAR LAXMAN KATTIMANI
HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. R.H. ANGADI, ADVOCATE FOR R2; SMT. KIRTILATA R. PATIL, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/SEC. 439 OF CR.P.C. SEEKING TO ENLARGE THE PETITIONER/ACCUSED NO.1 ON RGULAR BAIL IN KUMTA P.S. CRIME NO.183/2023 IN SPL. CASE NO. 117/2023 OFFENCE P/U/SEC. 377 OF IPC, U/SEC 4 AND 6 OF PROTECTION OF CHILDREN FROM SEXUAL OFFENCES ACT 2012 ON THE FILE OF DISTRICT AND SESSIONS JUDGE FTSC-1 UTTARA KANNADA, KARWAR (SPECIAL COURT FOR TRIAL OF CASES FILED UNDER POCSO ACT).
NC: 2024:KHC-D:8924 CRL.P No. 100503 of 2024
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER ON 01.07.2024 COMING FOR PRONOUNCEMENT OF ORDERS THIS DAY, THIS COURT MADE THE FOLLOWING:
ORDERS
Heard Sri Venkatesh M.Kharvi, learned counsel for the petitioner and Smt. Kirtilata R.Patil, learned High Court Government Pleader for the respondent-State.
and he was informing her that he would not go to the Masjid for reading. However, the victim gone to Masjid after her advises.
respective parties and also perused the averments of the charge sheet, it appears from the record that the petitioner herein stated to have committed the offence under Section 377 of IPC and also Sections 4 and 6 of the POCSO Act. The age of the victim is 6 years and he has narrated the incident both before the police and Magistrate. On perusal of the said statements and also the reports, both medical and FSL, it is not appropriate to grant him bail till recording the evidence of victim and the complainant.
ORDER
The petition stands rejected.
VMB CT: ANB List No.: 2 Sl No.: 27
Sd/JUDGE
1 issue framed by the court
Whether the accused in a POCSO case involving a six-year-old victim should be granted regular bail before recording of victim and complainant evidence.
4 provisions across 3 enactments
Mr. Abdus Samad Ziyai
The State of Karnataka by Kumata P.S.
Smt. Tabsum w/o. Saifali Sheikh
S.Rachaih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
